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Ordinance 0227repealed by ordanince 370 VOLUME 1922-Alameda City Ordinances No. 227 ORDINANCE NO. New Series IcS'I'AIJLISHINf; ZONES ANI EGIJLA'I'ING 'I'HERE- IN THE ,\SE OF I'ROI'ERTY HEIGHT OF I\I:ILDINGS, AND RE- QUIRED OPEN ACES I?OR IJIGHT HiD VEN'I'ILATION OF SUCH BIJII"DIN(;S, AND m EALING OR- DINANCIcS NOS. 144 , V4\1, 185, 191197 AND :no, NEW S IES DIS'I'UICTS Bg IT ORDAINgD by t'e Council of the Citv of Alameda as\ Tollows: Section f, That public hea11\?, com-fort, convenience, safety and ';welfare in the City of Alameda require that the use of private property be\fegu..hted , and that districts or zon $ beestablished throughout the city wi'ihinsome of which it shall be lawand in others unlawful to ere. t, alter or maintain certain buildings . ' make certain uses of property; tha'ttherefore v,ari.ous parts of said city be\and thev are hereby divided intoresidential, business and industrialdistricts or zones which, in turn, are subdivided so as to provide In allfor eight differentclassificat.ions;.. that said classificatjons are shown ' and ,de- lineated . on that certain map entitled Diagram of Use Districts, BuildmgZone Map of the City of Alameda, HIed in the office of the city clerk.and hereby adopted as the official Zone Map of said city and made a part of this ordinance, RESIDENCE DISTRIC'l' Class I Residence Districts of Class I are hereby established as shown (m said map; and no building, structure or premises shall be erected, altered or maintained in any of said districts which is designed , intended or usedfor the accommodaUun or more thansingle family. and has more thanone kitchen , unless said restriction is removed as hereinafter provided;however a portion ,or such a dwen-ing may he used for dressmaking or the office ofa physician surg on,dentist . or notary public, or for thestudio of. an artist, teacher or musi- an'i1fi t,:IY ell (2'h) stories or thirty-five (35) feet inheight. from the top of. the curb tothe finished ceilng line of the at- tic. RESIDENCE DISTRICTS Class II Residence Districts of Class II areh"reby . established as shown on . said map; and no building, struetUTe orpremises shall .be erected , altered or lnaintained in any of said districtswhich is designedi intendedl used Ordinance New Series for any puq)()se othf r tllan fl, singlefamily dwe11ing, fiats, tenements, I),oarding 110use, lOdging house , club, fraternity dweJ1ing, apartnlen t houseor hotel ,,'ithout "stores: providedprofessional, or vocational offices, such as specified in Class I , may be estab-lished therein.No building or structure sball be erected, altered or maintained in Residence Districts Or Class II whichshall be more than three and one-half (3%) stories or forty-flv" (45)feet in height from the top of the urh to the finished cr"jjing line ofthe attic. BUSINESS DISTRICTS Class III Business Districts of Class JII are hereby established as shc)\vn, on sajdmap; and no building, structure orpremises sha11 be erected , altered ormaintained in ,a.ny of , said districts which is designed" intended or usedfor any purpose other than. a resi- dence of Classes I or II, business orprofessi onal offices, retail stores, trades or thcaters. Light manufactur-ing may he carried on therein in connection with such uses , provided not more than twenty-five per cent (25%) of the total fioor space of a building or structur9 is used there- for, hut no business, trade or industry r:tl,\ct e w P,fn;li 'ienby reason of the emission of odordust, smoke, ga.s " vibration or noise. BUSINESS DISTRICTS Class IV Business Districts of Class IV are bereby established as shown on saidmap; and no building, structur9 or. premises sha11 be erected, altered or '0maintained in any of sajd districts 'Which is designed , intended 01' usedfi?r any purpose other ,than a resi- dence of Classes I or JI, or an as- senlbly ha11 , church , or private school. BUSINESS DISTRIC'I'SClass Viness Districts of Class V are hereby" established as shown on said map; and no building, structure, orpremise". sha11 . be erected ,. , altered ormaintairlt'd . in . any of . said districts Ch Jfh :Si Rf,?po r:\end ctgr t ~~~ ct f Classes 1,11, III and IV hereof, 01' forh.ath ho\;se, commercial reOl'eationpark, undertflking parlor . public gat-age , " gasoline\ ()roil supply stattotl,feed fuel.. of construction mat9rial business, dyein or dry clea.ning es- tablishment, or ' any wholesale busi-ness. BlTSINES ,DISTRIC'l' CIa s VIBusiness Districts, of Class VI arehereby est::blished shown ' on 'saidmap; and no. buil g, structure or premises shall be er d,altcred or maintained in any 0 said districtswhichisdesigllfin ten or used forany other purposest an tJ10seClasses. I or II, or for ai , clinic. daynursery, charitable institu 'on, sanitar- li t tr&;;In :e t C .Ji: ease.INDUSTRIAL DIS'I'RI . ClnssVII Industrial Districts of Clas ' VII are hereby. established as shown on saidmap: and. no building, structure or premises shall be erected, altered or maintained in any. of said districts Ordinance No. whiclJ is designed, intended or usedfor any other purposes thaJ! thoseof Classes I, II, III IV,or VI hereof or for anywholese ,or retail business or in-dustry; . rovided no crematory shall bepermitte. in any of ,'aid districts , norany busi ess, trade or industry whichinvolves t'le making or utilization soap, cand'jes, glue, tallow, oil , chemi-cals , gunpo'\der ,or other explosives; orwhich inVOl s bone boiling, fat boil-ing, tanning,dressing or preparingskins, hides O leather; no,: any busi-ness, trade or \ lldustry which is nox-ious or nIIen iJve by rcason of theemission. of odfr, dust, smoke, gasvibration or nois. INDUS'I'RIk DIS'I'RIC'I'S Class', VIIIIndustrial District'i\Of Class VIII arehereby established as\:hown on saidrna.p; and a buildin5. structure orpremises may be erectElq, ,altered oraintained therein for an\\ residentialbusiness, industrial or otJ\er use notprohibited by law. EXIS'l'ING BUILDINGS AN . I'REM.. Sec. 2. Any la :1 use exJ ing inany building, structure or prel the time of the passage of thi di-nance may be continued therc al-though not conforming to the diSL.Iin which it is maintained; proviu"dtbat in caSe a business or industry i' being maintained in a residence dis-trict at the time of the passage of this ordinance , the building, structureor premises in which it is maintainedshall not be enlarged in height or bulk or reconstructed of lnore per111anentimaterial. REVERSIONS OF EXCEPTIONS Sec. 3. In c.3,se a building or struc-ture on any premises which is bound-ed on three or more sides by a differ-ent Use District , should be razed orremoved, or be moretban fifty percent (50%) burned destroyed or deter-iorated , then , and without further ac- tion by the council, such premises shallbe automatically rcclassified , withoutnot,ice, as a district ,of the S,3,me classto which it had previously formed anexception; ,3,nd thereafter such prem-ises shall be subject to all the restric-tions of such new classification. Forthe purpose of ascertaining the kindof districts by which such a building,structure-orprernises is bounded, ", anyintervening streets or alleys shall bedisl'garded. PRIVATE GARAGES AND O'l'HEROUTBUILDINGS ~~~- ""..,.."......... CHANGING . FROM CLASS I TOCLASS IISee. 5. The owner of any property in a Residence District of Class I m,erecti or remodel a bUilding therein so that such building may be used forany of the purp.oses authorized in Res-idence Districts of Class II , providedthe application for a building permittherefor is accompanied by the writ-ten consents of the owners or author-ized agents ,of more than one-half ofthe are.a of property situated withinthree hundred (300) feet outside ofthe exterior bOundaries of the prop- erty on which the building is pro-posed to be erected ,or remodeled;provided the owner of such propertyshall first file with the city clerk , inwriting, a declaration of his intention to circulate a petition for such writ-ten c,onsents.Immediately upon receipt of such a declaration the city cIerk shall causeto be conspicuously posted along that portion of all the streets witbin theare,a aforementi,oned , and at least one(1) on each side of eacb block orfraction of block therein , notices ofthe filing of said declaration ,of in-tention. At least three (3) of saidnotices sball be posted on the sideof the block in which the change proposed, and three on the side nfthe block opposite thereto. Said no-tices shall be headed "NOTICE TOCHANGE ZONE," in type one (1)inch . in. beight or . larger , briefly de-scribing the building prop.osed to beerected or I'emodeled , and notifyingall property owners within s,3,id areathat. it i" tbe intention to circulate apetition for such written consents, All Of said noticesshallbepostedatleast ive days before any. paper is c.ircu-1. ted for signatures , and any,' signa-' es obtained prior to the expirationof ,3,id five (5) days shall be nulloid and of no effect. Said no-tice ,hall be sUbstantially hI the 1.01-lowi form: TICE TO CHANGE ZONE NotiC is hereby given that it is theintentio . of the owner of the propertydescribe \ as follows: .. .. .. . ".' .. to 'ulate \1'titioj; 'io r' writteconsents to c\;nstruet and maintain ................ d .. .. on said property. Postcd ,. . . . . . . . ,..... 19.... .. ""'... City . Ch rk'After five (5) aYS have elapMdfrom the time of pci13ting said notices,buL notVU.p:r th n\it'hh.tvI n\ HQUC Private g:;:tragesor , otl1 er subordin-ate structures in residence districtsmay be rented out for one or two vehicles; provided , th,3,t where tll,eyare capable of housing three ?r morevehicles, and. are rented out 11 th ell'entirety, or to the cxtent of threevehicles, ,to persons other than those occupying such dwelling, sueh use"hall be deemed a business of Class V, (Adopted by vote of thc peopleMarch J 3, J 923). nJ me-'"1:.tra1111""-CorInTrssiOh;City of Alameda;the underSigned owners ofpropeJ ty situated within 300 feet out- side of the exterior boundaries of the Ordinance No. 227 , New Series which is designed, intended or usedfor any other purposes thah thoseof Classes I II, III, IVor VI hereof or for anywholese ,or retail business or in-dustry; r ovided no crematory shaH be pennitte. in any of ,mid districts, norany busi ess, trade or industry whichinvolves tlhe making or utilization soap, candles, glue , taHow, oil , chemi-cals , gunpoWder .or other explosives; or which Invol\es bone boiling, fat boil-ing, tanning;\ dressing or preparing skins, hides or leather; nor any busi-ness, trade or \.ndustry which is nox-ious or ,0ffensJve by reason of theemission of od.er , dust, silloke , gas,vihration or nois INDUSTRIA DISTRIC'I'S CIas '. VIIIIndustrial District '\Of Class VIII arehereby established as\shown on saidmap; and a building . structure premises may be erectJq, ,altered orm.aintained therein for anw residential business, industrial or otk er use notprohibited by law. EXISTING BUILDINGS AN'" PREJ)I- Sec. 2. Any la ~~~ l use eX ing inany build,ing, structure or prem ses atthe time of 'the passage of this \ordi-nance may be c,ontinued therein \ al-thougb not conforming to the dist .jetin which it is maintained; provid' that in case a business or. industry f'Sbeing maintained in a residence dis-trict at the time of the passage of this ordinance, the building, structureor premises in which it is maintainedshall not be enlargDd in height or bulk or reconstructed of morc permanent,material. REVERSIONS OF EXCEP'rIONS Sec. 3. In ease a building or struc-ture on anv premises which is bound-ed on three or more sides by a differ-ent Use District , should be razed .orremoved. or be more than fifty percent (50%) burned , destroyed or deter-iorated , then, and without further ac- tion by the council , such premises shallbe automatically reclassified , withoutnotice, as a district .of the s,ame classto which it had. previously formed anexception; .and thereafter such prem- ~~~~ s sl 11u t c ~~~ the purpose of ascertaining the kindof d.1stricts by which such abuilding, structure or premises is bounded, any intervening streets or alleys shall bedisregarded. PRIVATE GARAGES AND O'l'HER OUTBUILDINGS property in a "Residence District of Class I m!tyerecti or remodel a building therein so that such building may be used foranv of the purp.oses authorized in Res- idence Districts of Class II, provided the application for a building permit therefor is accompanied by the writ-ten consents of the o'wno1's or author-ized agents .of more than one-half ofthe are,a of property situated withinthree hundred (300) feet outside ofthe exterior boundaries of the prop-erty on which the building is pro-posed to be erected .01' remodeled;provided the owner of such propertyshall first file with the city clerk , inwriting, a declaration of his intention to circulate a petition for such writ-ten c,onsents. Inlmediately upon receipt of such a declaration the city clerk shall causeto be conspicuously posted along that portion of all the streets within theare,3, aforenlcnti.oncd , and at )eastone(I) on each side of each block orfraetion of blOck therein, notices ofthe filng of said declaration ,of in-tention. At least three (3) of saidnotices shall be posted on tbe sideof the block in which the change proposed, and three on the side ofthe block opposite thereto. Said no-tices shall be. headed "NOTICE TOCHANGE ZONE,in type one (I) inch in height or larger , briefly de-scribing the building prop.osed to beerected or remodeled , and notjfyingall property owners within s,aid areathat it is the intention to circulate a petition for such written consents. Allf said notices shall be posted at least ve days before any paper is circu-cd for ' signaiures, and any signa- es obtained prior to the expirationof id five (5) days shan be nullan \ void and of no effect. Said no- irl;h ,1: substantially in the fol- ICE TO CHANGE ZONE . i g:b ~~~ f tdescribe ,as follows: .. .. .. .\c. .. .. .. .. .. .. .. .. Cir late ' petitio ii 'fo r' w itteconsents to c nstruct and maintain .. .. .. . .. .... .. . .. , on said property. Posted., . . , . . . . . \- . . . . . . 19 . . ,. , . \. . . . . . . . City . CleAfter five (5) 1ayS have elapsedfrom tbe time of po' ting said notices,but not l.ater than thirty (30) daysthereafter, signature to said writtenconsents may be se Ired by the pe-titioner. Said writte consents shallbe signed by the rs or theirauthorized agents , a hall be ac-companied by genera lans or asketch. of the. building posed to beerected or renwdeled, d have anaWd!tvit annexed theret certifyingto theautbenticity of . thc !'ig'natures.They shall. be sUbstantiallY". in thefolIowingforml: " CONSENT .AND . PETITION TO RECLASSIFY A DISTRICT FRQ.J)ICLASS-- TO CLASS- ':o t.he . City Planning Commission,City of Alameda;the undersigned owners of propel ty situated within 300 feet out- side of the exterior boundaries of the Ordinance No. 227, New Series property described a.s f.ollows: . , . . . . . . . C'itY' CiIerk' No person who bas given his or her written consent as herein provided shall have a right to withdraw thesame, and ,any application. to with-draw a signature shall be disregarded,except . it ,be" accornpaniedbyan ' affi- . . ... .. . .. . . . . " . . . .. . . . . davit of the signer alleging that his City Clerk.or her signature was obtained by Sec. 7. After five (5) days havefraud or misrepresent!ttion. )\elapsed fr.om the time of posting saidWhenever sufficient written con- notices, but not later than thirtysents have been obtained and property (30) days thereiLfter , a petition, de-has been changed from Class .. I to scribing. the. cha ge . desired,may beClass II, as herein providen , the olrculated for natures and thenbuilding inspector shall immediately filed with the cl clerk. Saidpetl-notify. the city council so that the tion shall be acco anied by generalchange. or recl!tsslfication may be plans or sketc \' of the huildingmade by ordinance as provided in ,,,desired to be constr ' cted on thepr,op-SMtion 10 hereof'erty proposed. to. be \ changed and re-CHANGING FROM. ANY DISTRICT TO clas sified, and shal\ .have .. affi- ,. davIt annexed there certIfY11g to ," ANOTHER the ,authenticity of the signatures,Sec. 6. Any property in any dis- Said . pe iton . and af )d viLspall . trict whatever may be changed and substa,ntIallY 11 the sa .eform,assetreclassified in the manner. fol1ow- forth In SectIon 5 here f. Any. mforming: ... aJity in a petition, or\any question.. The owner of sUCh property shall as to the SUffiCienCy r a petition .. .. .. .,: :~~~ constructiOn\ and m intenance of .......... .. .., .. on saId property, andthe reclassific!ltion of said pr.opertyunder the Zone\Ordinance of the City . Al ameda from ,\"""""""""" DIstrIct , Class,.". \-. , to a"......,.. . . . . . . . . . . . . . , Distrid-, Class........ ..AND 'VE HAVE\... SIGNED 'I'HIS PAPER WITH THE \LEAR UNDER- I'ANDING 'I'HA'l' NO PERSON 'VHO HAS AT . '. ACH.E HIS \OR HER SIG- NA'I'IJRFJ HERE'rO Sf'ALL HA VEANY nIGH'l' '1'0 WIT nRA '"~ THE SAME.Nltlne Residence Signing ., .. .. .... .. .. .,.. .. .. .. .. State of 'iifol ia:, Y ..ss.County of Alam.eda. ) . . . . . . . . . , . , , . . . . . , Delng duly swo deposes and says: That.. he., securthe signatures hereto and know.. thateach is the bona fide signatur0 of thepers.on whose n.ame it purports to be.That he exhibited to each signerpbns or a sketch of the buildingproposed to be erected or altered.That he answered fully all questions concerning the proposed change andlllade no misrepresentation concerningsame, (Signed) .........................,.Subscribed and sw.orn to before me the........day of .........., 19...... first file with the city clerk , in writ-ing, a declaration of his intention tocirculate a petition to have his prop-erty rec1.3sslfied.Immediately upon receipt of such adeclaration, the city clerk shall cause to be conspicuously posted along tbat ortion of all the streets within anarea of three hundred (300) feet out- side the exterior boundaries of theproperty desired to he reclassifiedand at least one (1) on e.ach side ofeach block or fraction of block here-in, notices of the filng of said dec-laration of intention. At least three..(3) of said notices shall be posted on the sjde of the block in which the change is proposed , and three (3) on the side of the block opposite there-to. Said notices shall be headedNOTICE TO CHANGE ZONE" in typeone (1) inch in height Or larger briefly describ ing the property and the change desired, ,and notifying allproperty owners within the areaaforementioned of the intention tocirculate such . a petition ,. also that said petition will come up f.or hearing before the city planning commissionon a certain day and hour (specifyingthe same), wbicb time shall be fixedby the city clerk upon agreement with the petitioner. All of said no- tices sh.!tll be p.osted at least five (5) dayS; before any petition may he ir-cnlated for signatures, and a.ny sig-natures obta.ined pr-ior to the ~xpira-tion of said five (5) days shaH benull and void and of no effect, S3.idnotices shall be substantially in the following form: NOTICE TO CHANGE ZONE Notice is hereby given that it the intention of the Owner of theproperty described as follows: " .. .. .. .. .. .. .. .. .. .... \t,:ir 11;, ' ' tition" f gil'tnd reclassifying s'lid property from a \. . . . , , . . District, Class........, to a \.... District , Class......, in ,order that: . . . . . .. . .. . . . . . . . '" may be con-structed and I1m.intained thereon. Saidpetition, in case sufficient signatures are secured, wil come up for hearing before the City Planning Commission, in the city hall,....................... evening,.. . .. .. . .. .. . .. .., 19...., at 8 clock p. m. Posted, .. .......... . 19.... Ordin ance No. 227. New Series ( continued) shaH be decided by the City PlanningConnntssjon, and tl1e decision of the OOITIJ11ission shall be final ,and con-clusive. At an'4. timc prior to said hearingany owner of property situated with- : tJi ' 'aTe'a:. a'foresait, may 'mal"e .writ- e t'q1J'objectrQn:;,t9 thi1 proposed change 4!14 deliv,e:r\Pl to )he city , "il rlc HI1JAIUNGS\ BEFORIi: 'I'IlE CI',Y I'LAN ' C()IJ\lISSI See, 8." Alll\earlngs on . \,uGh ,Pl'ti- tions shall be . \held before the City ;li 1 11 :1 ~~~~~ ; o i d ti trreceive alJy coi\sideration wbatever unless it has been signed by tbe owners or authori ed agents of notIe,s than thnty pe,r cent (30"/,)) of th.e area of pr.operty situate,,! withinthree hundred (300) \feet outside ofthe exterior boundaries of the prop-erty ' proposed to bBcftangec1 and re-classified. The commiss\on shall hear tl1e petitioners requesting,thechang(and those who filed wriJten objec-tions thereto, ,and , after d:1'e consid-eration of the matter , the c'Qmmission sha , without delay, sUbmit\a reportin '\vritingto the .qity counci1\\reCOlTI-mending that the petition be )ranted 1' denied. The commlssi.on ma:\. make such other reoommendations in\. con- , 8 ~~~ e r'fi 11t il;e t"o ter as it , . If the city co meil approve the .ec- ommendations ' of the oity plann JIg ommisslo n, it. sl1alJ pass an or Jj,l:nce re Cla.ssifYing. the district aC cordingly: provided, the council may remand the case to tJle city planning' c0111n1i88ion 'for rec,onsiderationiwl1ere-upon th commission shall again con-sider the matter and again report tothe city council. On reconsideratiOn tbe commission may again hear tes- timony if it deem the same advis- able, but it shall not be neoessary toagain post notices in any case. Upon receipt of the c.ommission s report af- tel"such reconsideration the city councilshalJ Tender a decision grant- ing or denying tile petition, and such decisiol!. shaH be final and conclu- siv:e: ' CITY COUNCIL J\IAY CHANGE ON ITS OWN INITIATIVE -S'tC... 9. The city council may makean.y '('1, es ,or reclassifications on mio ther . tive';ritfirst be given posed change and a hearing be I y. the city council in the time,. fo and man" ner as l1erein'before. provided''-''fQT no-tice and h'iaring before. the planning ,commission. ' CIlANGESBY. ORDINANCE See. 10,' All thanges or reclassifi- cations . sEall' be . Inade by .an ordi- riance su1Jst,!tntrEllly' iR the foHowing form: ) : V" \ OIlP QE':.O;.' N.S. . ItECLASSI'F'Y'rG' PROPERTY Be it. .o;!.aj'1ed b;y. tJie, ,cQuncil the City . of rain daas fonbWs: , Section- ':1. :'Jlte .property described s fop,6':, l:/:' i\: :d ' :.:.:y\ '... J ''S, '0 1 \ \f'l '4# .. ." ". (Signed) Attest: .... .., ,..,... .. ,.... ...... Mayor, . . C'i t;' 'eriir ' . , . . . . . . . . , , . . . . . . . . TEIUPORARY USES. See. II, Notwithstanding any of U;ef(?regoing provisions. tIle , city plan- n1n - , onnnission -rnay,unon petition,notIce and hcaringas :3.,fOrel11entioned,recommend to the c.ouncil the granting of a temporary permit to USe certain specified property for a purpose not authorized in the , distriet whieh such property is located, Such tem- porary permit may be granted by mo-tion or resolution, and shall be re-voeableat the will of the citycoun- cil or extend for a time spec ified in the grant thereof, and it may begr.anted sUbject to such .other limi-tations and conditions as the citycouncil n1Jay impose. RENE'VING A PE'I'TION.Sec. 12. Wl1enever a petition forchanging and reclassifying certain property has been denied , the samecannot be renewed f,or six monthsthereafter unless the renewed peti- tion be signed by the owners of atleast fifty per cent (500/) of theproperty the oWners of which pre- viously objected to thc changc; how- ever this provision shall not preventthe city council. from acting on itso,vn initi.ative in any case or at any tinlC , as provided ,in Section !) here- of. YARD AREAS I?OR RESIIHDNCE DISTRIC'I'S .sec, 13.No buildings or structures sh"n be erected or altered in Resi-der\ce. Districts of Class I which arenot \ detached at lea.st four (4) feet from', the side Jines of the adjoining prope.ty; provided that where a buildi'qg covers a portion of two lots,the t,,\o shall be treated as one .the pUl\oses of this section; and pro- vided f rther, that the requirementshereof all not . , apply to garages oraccessor structures situated in therear.. of y lot and. beyond the rear Jine of ny residence thereon. Nobuildings I' structures shall be erect-ed on any t or hav€l additions madethereto so hat the aggregate area covered by 11 the buildings or. struc-tures on c 'd J.ot shall exceed fiftyper cent (5 %) of the total area ofsaid lot. The. yard ff eas for . Residence Dis- tricts of Cla..s II shall be the same as provided b the State Tenement House Act. SET-B\CK. LINES Sec. 14. It sji ll be unlawful for any person , comp.9,py or corporation toerect or. locate ""building or other str;ue:turf!', ol1'.any\Jot in ", . ,.,. residencedi-sttict unless die \same . be. setbackfrom the street 'in' front thereof to a line uot. less than . twenty per cent (200/.) of the depth: of snch lot and Which, in the case '. corner Jots, shall also be SEit1?ack fromthe sidestreet to a line notlessthari fifteene.r cent (15%) of the width of suct corner lot; provided, this prohibition J)a.Y be modified .9,nd. a building or ther structure located. nearer to thestrcet ,if such , pcrson,C'ompany corporation. first. obtain . consents .. In . ;writiJ:g thi, .o.,yn rs.or their .. au-thorlzedagents owning" a ITlaJol'ity ' o! tbe frontage of property in th() block Ordinance No. 227 , New Series ( continued) OIl the side of the street on which saidJot has a frontage. \. hen , , in the case of a corner lot \,t IS desIred to locate" building orcture nearer to the street on theSlu'i as well as on the front thereofmaJ,r,I' ty conseI ' is win have to be ob-tain from the owners in the blockon the side thereof , as wcll as fromthe oWv1ers in the block on the frontthereof"Before , any written .consents may beobtained \as herein provided , the own-er of su:eh lot shall file with thebUilding i ector, m writing, a dec-laration 0 . his intention t.o circulate3, petition or changing the set-backline.Immediatel:\\ upon receipt of such adeclarationt'J,e building inspectorshall cause to o,e conspicuously postedin the block on \the sidc of tbe streetupon which said\ lot has a frontageat least three (3). copies of a noticeof the filing of said declaration ofintention, Sa.id notices sball be he.ad-ed "NO TIC.! TO CHA,NGE S.!T-BACKLINE" in type one \ (1) inch height or larger bri'e.fy describingthe property and the change desi redin the set-back line , a'nd notifyingall property owners on fac.e ofsaid block of the intenti,to circu-late such, a petition.Said notices shall be .osted atlEJast five (5). days before ""ny peti-tlOnm.ay be cIrculated for sig-uatures,and any signatures ohtained .. l\rior tothe expiration .of said five (f)), daysshall be null and void and of 110. ef-fect. Said notices shall be sub);tan-tially in the fOllowing form: NOTICE OI? CHANGE F SET-BACI; LINENotice is hereby given that it is theintention of the owner .of the propertydescribed as follows: .. ,. " ., " .. .. .,.. .. .. " .,., (,r ciJI:ii,' a . pe titi n . to ' ' ang'e . il;set-()ack line so as to enable bim toconstruct a building .on said property . " " feet from the street, Posted ..... ....., ..., ..., 19. ,...... . . . . , . ' Buiiding . 'I;1 pectorAfter five (5) days have elapsedfrom the time of posting said. no-tices, but not later than thirty (30)days thereafter , signatures to saidwritten cbnsents may be secured bythe petitibner. Such written c,onsentssh.all be signed by the OWners or theirauthorized agents, and have ,an affida-vit annexed thereto certifying. to. the authenticity of the signatures. They shall he substantially in the followingform: CONSENTS CHANGE SET-BACIi: LINE To the Building Inspector City of Alameda;'Ve, the undersigned owners of realproperty situated. on the ,....... side of.......,......... street between . . . . . , . . . . . . arid.... . . . ,. streets, here-by consent to. the erection. and .. loca- tion of a bUilding or, structure . ... :. . . feet fr om the street line .on the rop- erty described as folJo,,' .. .. .. ., .. .. ...." ., .. .. . ..... .. .. .. .. .... .. "" AND WE HAVE. SIGNED THIS I'A-P:!JR 'VITH THE CLEA R 'LNDEIl- S'I'ANDING THA.'r NO PERSON WHO HAS ATTACHED HIS OR HER SIG-NA'l'UBE HERETO SHAI,L HAVE ANYRIGHT TO WITHDRAW THE SA.llIE.Name Residence Date of Signing .. .. "".. .. . .. ., ,. .. , .. ..... .. " .. .. . ... State '1' 'iifo ia, y ss.County of Alameda. ) .. .. . ,."""" ""'" . being duly SWOJn deposes and says: That, .he.. securedthe signatures hereto. and know.. thateach is the hona fjde. sign.ature of therson whose name it purports to be,That. ,he.. ansW'ered fully aU questions concerning the proposed change an,!ll1ade no misrepresentations concerningsame, (Signed) ...., ...... ...... "" ..... Subscribed and sw.orn to before. me the .... .. day of ............, 19.... , .. .... . . ... . . . . . City' Clerk'Such written consents , signed bythe \owner . or theirauthorizeilag-entmust be filed with the building in-spectpr before a permit shall be is-sued 'for the erection or location ofany ti'llild J or structurc nea r tothe st .eet than hereinbefore speci-fied; \ The p ovisions of this section shallnot affec'! in any manncr the validityof Ordina:J:1Ce No. 207, N, S., or any other ordihance providing for th es-tablishment\, of set-back lines by thecity. council\under . procedure fn-VOlVingnoti and hearing. FRAUDUJ,ENT PETITIONS Sec; .15. . Any\signatures. to consents or petitions provided for in this ordi-nance , which ar" procured by fraud or misrepresentatjon or the withhold-ing of.. informa ti'9n. . concerning thereal. intent of tlie saIje, shall bevoid and of noeff , and the personor persons procuri g the . same shallbe guilty ofa misd' meanorand pun- ~~~ 7 as proyiQe \ i Section BUILDING P RMITSSec. 16. No )mlldin , permit shallbe issued by the bufldi g,departmentof the city for the erec ion or alter-aUon of any building or structurecontrary. to . the . provision \ of . this or-dinance. Each application fora b ilding per-mi t.h ereafteJ' fil ed",ith th!\ei ty shallbe accompanied by a statement as the use, height "nd area .of the i1d- Ordinance No. 227, New Series (continued) - applied for on ,a blank to be fur-ni"led by the building inspeetor , onwh!h shall also be shown an accuratebloc1\ plan of the location of the bUildi",g on the lot, drawn to a scaleof 16 fE)et to the inch, DEFINING THE WORDS "I,OT" AND , "PROPER;rV" Sec, 17. The word "lot" as used inordinance shall mean a singleparcel. of land as described in the dc'ed 'of the oWqer. In any vroceed-ing for changing a district, a lot orparcel of land ,\ay be described bySTH!cifying the ""xterior boundariesthereof, or by giving, the lot and hlocknumbers accordIng t"";,,the official mapthereof on file in t11e office of thecounty recorder , or bJ any othermethod which wil clea indicate the property intended to b changed,The word "property" ,as hereipusedshall be deemed to mean real pr0.erty :her with any impr PUBIJ IC BUILDINGS Sec. 18. Public buildings may be lo- cated wherever the city council shalldetermine. ENFORCEMENT PENALTIES Sec. 19. Any person , firm or cor-poration violating any of the provis"ions .of this ordinance shall be guiJty of a misdemeanor and upon convictionthereof shall be punishable by a fineof not more than three hundreddollars ($300), or by imprisonment inthe city p.rison for . a peri.od of notm,orc"than six (6) months. or by bothsuch .fine. and imprisonment. Eacb such person, firm or corporation shan bedeemed guiJty .of a separate offensefor e,ach and every day during anyportion of which any violation of any provision of this ordinance is corn-mitted, continued or permitted bysuch person , firm or corporation, andshan be punishable accordingl)'Sec. 20. Ordinances Nos. 144, 149, 185, 191 , 197 and 210, New Series, and all ordinances or parts of .ordinances conflict herewith , are hereby repealed,Sec. 21. If ,any section , sub-section, sentence, clause , or phrase of thisordinance is for any reason held to beunconstitutionalsuch holding shall not affect the validity of the remain- ing portions of the ordinance. Thecity council hereby declares that itV\rould have passed this ordinance.g,ndeach section,. sub-section, sentence,clause and phrase thereof , irrespectiveof the fact tnat anyone or more sec-tions, .sub.:sections, sentences, clausesor phrases be declared unconstitu-ti onal. Adopted and passed by the CounciJof the City of Alameda tbis 2nd dayof January, 1923.FRANK OTIS,Presiding Officer of the Council.the undersigned, hereby certify th' the foregoing Ordinance was dulyand 'r~gularly adopted and passed bythe G()nci1 of the City of Alamedain regul\ir meeting assembled on the 2nd day f January, 1923, by the fol-lowing vo'tl', t,o wit:AYES: C!unci1men Adams , LathamProbst, TiJa and President Otis,(5). ,\,~~~ iENT Nd!e. IN TESTIMONY:,\,WHEREOF , I have hereun to set my I:nd and afrxed theofficial sealof said ty this 3rt! day ofJanuary, 1923. II E. V ARCOE,City Clerk of the City of Alameda.Publish Jan. 4, 1923. " Ordinance No. 227 , New Series (continued) -e \) ;j t! 'j N hS$ I( S! "" ;:!; C5 \\ti"''' ~~~ '1BNo..' 1J ~~~~~~~~~~~~~~~~~~~~;; -S' 1;' "- ~~~~~~ 'l '- :1 ~~~ :: !: " 1\ " '" .1 ' "' V',,- ~~~".\, ri 't h' ;: ~~~~,,!: i"'B ~~~~ K1 "\ IJ ~~~. "'-); s . ~~~~~ I" I , 1\ 'B "& )i ib . 'a ~~~~~!! H 8 Blg ~~~ Ordinance No. 227, New Series (continued) !' I, \Ii l ~~~ I ! :'.' ' ' ".:\ ':8 . ..::!' . \! ; I ' ... !)lJ 'S4 i:11 ;:t Ordinance No. 227, New Series (continued) Ordinance No. 227, New Series (continued) "M'fff1. I! II I I It.JA."" I . . Irn::1!!i ! I . . 1 I' ,I i In ! 100 rrnmDut#Mmm J UWj W+lQl:c:t:rD D ' UlwJ jTIi .... f:. U""A"I II. I . 1 I "I, : ,. ' , fn A"I ,/ \ . N22H:JU rim - _ JjJ . L L1i' I OCJ DO J ,-- k' _-, '" f' \\ !! ;, \\v Dlj API rn DrJ EJ,'t'' If . . _ =lr-' =,-- -. ."' / .. c" - -. -.-,,.. .. /- ,,-.., . ""N .lA!ANC/.,CO ""U"-'''-I:'' Ordinance No. 227 , New Series (continued) "''''' ,\C".."C'o "''' (continued)227, New enes No.Or man Ordinance No. 227 , New Series (continued) , '